Jury awards Kirk $725,000 for firing

“CMH devastated Mike,” said John C. Kirk, Michael Kirk’s
attorney. “When it fired him, it sent out a message that Mike had
done something wrong in defending his property and, fearing for his life,
protecting himself.”

Michael Kirk, 52, shot and killed Ronald Dillion inside one of the lot
homes during a burglary attempt in March 2005. One week later, Kirk was
fired by CMH for “violating the company policy which prohibited
employees from having a gun on the premises, according to David Booth
of Knoxville, the company president.

“They hung Mike out to dry,” said Bobby Rowe, who with Phillip
Wheeler and John Kirk, acted as Kirk’s trial counsel.

The shooting came on the heels of a series of burglaries and thefts at
Luv Homes, where Kirk was General Manager. According to Kirk’s complaint,
CMH would not provide any help to him in trying to curb the frequent thefts.
“They (CMH) told me it was my problem, not theirs,” Kirk testified.

“The company gave Mike no help whatsoever,” John Kirk said,
“and literally placed him in a situation of having to do nothing
and have all those break-ins and thefts continue, or do something himself.”

During the trial, Kirk testified that he had called Kentucky State Police
and reported that he believed that “thieves were going to hit again
that night and was told by police to call back later if he had something
certain to report.”

According to trial testimony, Kirk was waiting inside a mobile home when
he encountered Dillion breaking in. Michael Kirk testified that he told
Dillion to “freeze” and that he had a gun. Michael Kirk said
that Dillion responded that he also had a gun and that Dillion started
moving toward him, at which time Michael fired a fatal shot.

Michael Kirk was not arrested and no charges were placed against him. CMH
has filed papers asking the court for a new trial.

Note: Following the court’s denial of CMH’s petition for a
new trial, CMH and Kirk filed notices of appeal to the Court of Appeals,
after which all issues were settled by agreed.